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(영문) 창원지방법원 통영지원 2017.08.08 2017고단263
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2016, the Defendant: (a) driven a Cbe or a car not mandatory insurance in an influencing section from the front side of an influent restaurant, which is located in the opical raltom (e.g., 0., 062% of alcohol during blood, to the front side of the West-gu Doctrine Doctrine in the same city, under the influence of alcohol without obtaining a driver’s license on October 11, 2016.

2. On February 12, 2017, the Defendant: (a) driven a Cbee or a car not covered by mandatory insurance in an irregular section from the frequency to the frequency from the 1433-2, the Jacheon-si, Sacheon-si, Sacheon-si, to the 71 new gender improvement industry, to the front day of the 71st new gender improvement industry, without obtaining a driver’s license around 14:0 on February 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Making teas;

1. Application of the designated Acts and subordinate statutes to the arrest report of the consignee and the investigation report (if any);

1. Article 148-2 (2) 3, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a person who drives a motor vehicle without a license) and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the relevant Act concerning the indemnification for damages of each motor vehicle;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished several times for the same offense, the Defendant committed each of the crimes in this case. However, the Defendant was committed at the time of each of the crimes in this case, the Defendant’s blood alcohol concentration is relatively high, and the Defendant has no record of criminal punishment beyond a fine, etc., considering the circumstances favorable to the Defendant.

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